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Joined:
May 2003
Posts: 4389
Location: Capital District, NY, USA Minor Outlying Islands | Fender Body Decision
I thought it was settled, that only the headstock is patentable. Well, it is now. |
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Joined:
May 2003
Posts: 4389
Location: Capital District, NY, USA Minor Outlying Islands | As I read the decision it looks like they can't enforce their patent because:
1)They didn't aggresive enforce the patent a long time ago,
2)The shapes have become generic, and,
3)Consumer's, while knowing where the shapes come from, they do not immediately identify them the source of the body as being from a particular manufacturer.
4)Builder's do not make the bodies to confuse consumers.
It makes sense. |
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April 2006
Posts: 2491
Location: Copenhagen Denmark | I thought that a Patent only lasted for twenty yrs. ... :confused:
Vic |
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December 2003
Posts: 1889
Location: Central Massachusetts | Fender was trying to trademark the body shapes, not patent them. |
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December 2001
Posts: 7247
Location: The Great Pacific Northwest | 1)They didn't aggresive enforce the patent a long time ago.
I have learned (somewhat the hard way) that THIS is the most important element dealing with TradeMark issues.
If you are aware of an infringement, and do not aggressively take action to protect YOUR trademark, than it may very well end up not being yours anymore. Not taking action effectively means you are endorsing the use. |
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January 2006
Posts: 5881
Location: Colorado Rocky Mountains | Interesting that they did not include the Jazzmaster/Jaguar body profile in the application. |
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March 2002
Posts: 15680
Location: SoCal | And this is important to me, because? |
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August 2002
Posts: 8307
Location: Tennessee | They will lose all market share, run out of money, and close the Ovation factory. :eek: |
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December 2003
Posts: 13996
Location: Upper Left USA | Hey Seesquare - We can start selling the hand-laid guitar bowled canoe paddles now! |
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February 2002
Posts: 5750
Location: Scotland | Originally posted by Mr. Ovation:
If you are aware of an infringement, and do not aggressively take action to protect YOUR trademark, than it may very well end up not being yours anymore. Not taking action effectively means you are endorsing the use. [/QB] A great example of this is when Anheuser-Busch successfully sued Budvar over territorial use of the brand name Budweisser, despite the fact that Budvar had been brewing it and using the name since the mid 1500's. |
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September 2006
Posts: 10777
Location: Keepin' It Weird in Portland, OR | So... If you make a 'strat' body, but it is a half-inch longer/shorter, thick/thinner, wider/slimmer, it is Not a strat body... Right?
I mean, you can trademark your pickguard shape, but you cannot trademark three single pickups?
You cannot really trademark the five-way switch. Everybody uses that...
And unless you have a Tele body the exact same measurements... You cannot trademark a single cutaway shape. I think Les Paul had that first anyway.
[I'm just babbling, cuz the court obviously agreed with me... Maybe for different reasons tho']
OH WOW! I just realized that I cannot laugh at Fender's misfortunes, like I instinctively want to do...
Cuz what happens to Fender now happens to Ovation! :eek: |
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December 2006
Posts: 6268
Location: Florida Central Gulf Coast | Well so far, Woody's OK... |
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Joined:
May 2003
Posts: 4389
Location: Capital District, NY, USA Minor Outlying Islands | just wanted to keep tabs on the new owner. |
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Fender loses body decision.